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Legal news from Monday, April 9, 2012




ECCC releases full text of Khmer Rouge leader appeal judgment
Jamie Davis on April 9, 2012 2:04 PM ET

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[JURIST] The Supreme Court Chamber of the Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website] on Monday released the full text [PDF] of its appeals judgment in the case of Kaing Guek Eav [NYT backgrounder], also known as "Duch." Case 001, [ECCC backgrounder], which was the first case before the ECCC, was originally decided by the Supreme Court Chamber on February 3 of this year, but the full judgment was not released until Monday. Kaing was found guilty and sentenced to life [JURIST report] for committing various crimes against humanity and grave breaches of the Geneva Convention of 1949. In its full judgment, the Supreme Court Chamber addressed issues concerning personal jurisdiction, errors of law, and errors concerning the original sentencing among others in its full opinion. The Supreme Court Chamber overturned the July 2010 decision [JURIST report] that imposed 35 years of imprisonment, citing that it was made in error because it focused on the mitigating factors such as cooperation, regret and apology [JURIST report] rather than the seriousness of the crimes. The judgment was released in both English and Khmer.

Kaing is the only former Khmer Rouge leader to have been convicted by the ECCC. Ieng Sary, Ieng Thirith, Khieu Samphan and Nuon Chea were indicted [JURIST report] in September 2010. The ECCC ruled that Ieng Thirith was unfit to stand trial, but the Supreme Court Chamber in December ordered that she remain in detention [JURIST reports] and that the Trial Chamber exhaust all measures so that she can stand trial. The other three went on trial [JURIST report] in November. In October 2010, Cambodian Prime Minister Hun Sen informed the UN that Cambodia will not allow further prosecutions of low-ranking Khmer Rouge officers [JURIST report].




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India court convicts 23 for crimes during Gujarat riots
Jamie Reese on April 9, 2012 12:50 PM ET

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[JURIST] A trial court in the West Indian state of Gujarat [official website] on Monday convicted 23 people of crimes committed during the 2002 Gujarat riots. The riots stemmed from anger over the death of 60 Hindus in a fire aboard a train. As a result of the casualties, riots broke out targeting Muslims who were blamed for starting the fire. The individuals were convicted on charges of murder, conspiracy, rioting, unlawful assembly, attempted murder and destruction of evidence for participating in the killing of 23 Muslims [AFP report], 18 of which were women, in the riots that left more then 2,000 dead. An additional 23 individuals were acquitted for lack of evidence. This specific massacre became known as the "Ode massacre" for taking place in the village of Ode where Muslim families were locked in homes that were subsequently set on fire. The Ode massacre is the third out of 10 incidents [BBC report] that took place during the riots and investigated by an independent Special Investigating Team. Sentencing of the convicted is expected to occur later Monday.

Last November, a court convicted 31 people [JURIST report] for crimes committed during the Gujarat riots and sentenced them to life in prison and a requirement to pay a fine. In 2009, the National Human Rights Commission [official website] filed a case with the Supreme Court in which it took issue [press release] with the lack of prosecution in the case. The Supreme Court [official website] ordered an investigation into the conduct of the trial as well as the protection of witnesses. In 2004, Human Rights Watch (HRW) [advocacy website] issued a report [finding, PDF] urging witness protection for those involved in the case after allegations [JURIST report] of threats and pressure from the state arose.




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Syria government forces executing civilians: report
Jamie Reese on April 9, 2012 12:08 PM ET

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[JURIST] Syrian security forces have executed more than 100 civilians and opposition fighters during recent attacks, Human Rights Watch (HRW) [advocacy website] reported [text, PDF] Monday. Accompanying the report, emergencies researcher at HRW stated [press release] that in an attempt to stop uprisings, pro-government and government officials have gone too far without any apparent concern about accountability for their crimes. International human rights laws prohibits this type of summary or extrajudicial executions, and unless these executions pertain to actively participating combatants, they would be considered war crimes. HRW has previously documented abuses by opposition fighters [JURIST report], but notes that these do not justify the violations committed by the government. They called on the UN Security Council (UNSC) [official website] to refer the matter to the International Criminal Court (ICC) [official website].

Last Friday, UN Secretary General Ban Ki-Moon [official website] condemned [JURIST report] the recent attacks by pro-government troops against innocent civilians. In March, HRW reported that Syrian government officials were rounding up civilians [JURIST report] and forcing them to walk in front of the army in order to shield the army from opposition forces. Also in March, the UN Human Rights Council [official website] voted to pass [JURIST report] a non-binding resolution condemning Syrian authorities for continued bloodshed and violations of human rights. This official condemnation from the rights body came on the heels of a demand for a cease-fire [JURIST report] by UN High Commissioner for Human Rights Navi Pillay [official profile] in late February. Also in February, the UN-appointed International Independent Commission of Inquiry on Syria accused the government of violating international human rights law [JURIST report] after finding that Syrian forces are engaging in torture and killings under orders from high level government officials. The increasing unrest in Syria has garnered international attention and has sparked controversy in America about what its role should be [JURIST op-ed].




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Israel bill would allow Parliament to overturn Supreme Court decisions
Andrea Bottorff on April 9, 2012 11:07 AM ET

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[JURIST] The Israeli justice minister has proposed a bill that would allow the Israeli Knesset to reinstate laws that have been struck down by the Israeli Supreme Court [official websites]. Justice Minister Yaakov Neeman [official profile] last week proposed the bill, which would give parliament authority to overturn Supreme Court decisions [Haaretz report] that find laws unconstitutional. If a majority of 65 members vote in favor of the disputed law, then the law would be revived and valid for five years, after which parliament could vote to renew it for additional five-year periods. The proposed law has sparked debate. For example, Knesset legal adviser Eyal Yinon opposes the bill, saying that 65 votes does not represent a sufficient majority and that the law would give parliament too much power [Times of Israel report]. However, Knesset member Reuven Rivlin [official profile] said the proposal would reduce conflict [Jerusalem Post report] between parliament and judiciary and said that he would pursue a vote on the bill during the summer session.

Israel's parliament and judiciary have experienced increasing tension. The Knesset passed a new law in January that changed the rules [JURIST report] governing the selection of Supreme Court justices. The contentious law had been criticized for undermining the independence of the judiciary in an effort to further a conservative judge favored by the government. Many fear the new laws will influence judicial decisions, impede upon the rights of the press and be used to harass liberal groups. Parliament also restricted the power of the Israel Supreme Court [JURIST report] in 2008 when it passed a bill granting the Knesset authority to revise laws overturned by the court and renewing those laws' validity. In those cases, the Knesset could overturn a Supreme Court ruling with an ordinary one-round of voting rather than the 61-vote majority in the 120-member body in three rounds of voting currently required to overturn the Supreme Court.




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Russia dismisses charges against doctor accused in lawyer prison death
Andrea Bottorff on April 9, 2012 10:09 AM ET

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[JURIST] The Investigative Committee of the Russian Federal [official website, in Russian] on Monday dismissed all charges [press release, in Russian] against a Russian doctor accused of negligence in the death of former Russian lawyer and purported whistle-blower Sergei Magnitsky [JURIST news archive], who died [JURIST report] in a Moscow prison in November 2009. Larisa Litvinova, who was Magnitsky's doctor while he in prison, had been accused of involuntary manslaughter after a private investigation last year found that Magnitsky died from severe physical abuse and denial of medical treatment [JURIST report]. The Investigative Committee dropped the charges against Litvinova, which carried a possible three-year prison sentence, saying that the statute of limitations had expired [Moscow Times report]. Magnitsky was arrested on allegations of tax fraud after implicating Russian police in a multimillion-dollar embezzlement scandal while working as outside counsel for the London-based investment fund Hermitage Capital Management [corporate website]. Another doctor at the prison, Dmitry Kratov, still faces negligence charges that could carry a five-year prison sentence.

Before last year's investigative report was released, Russian President Dmitry Medvedev [official profile; JURIST news archive] said that Magnitsky's pre-trial death was the result of criminal acts [JURIST report] and not attributable to the denial of medical treatment from prison doctors. In a controversial move last August, Russian investigators reopened the case [JURIST report] against Magnitsky on the basis of a new ruling permitting criminal cases against the dead. Critics of this action, such as JURIST Contributing Editor David Crane, argue that the ongoing posthumous prosecution of Magnitsky is a violation of the rule of law [JURIST op-ed] and an embarrassment for the Russian judicial system. Prior to his death, Magnitsky was held in prison for 358 days with little to no access to legal representation, his family or medical professionals. In 2010, US lawmakers introduced a bill [JURIST report] that would prohibit the US State Department [official website] from issuing visas to individuals, or their family members, who are connected to Magnitsky's death.




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